Joint Circular No. 31/TT-LB on the Implementation of Decision No. 132-HĐBT dated May 5, 1990 regarding the classification of cities and the administrative management of cities

JOINT CIRCULAR

MINISTRY OF CONSTRUCTION - GOVERNMENT ORGANIZATION AND STAFFING BOARD
Guidelines for implementing Decision 132/HĐBT dated May 5, 1990 on classification of urban areas and management levels of urban areas
and management levels of urban areas

On May 5, 1990, the Council of Ministers issued Decision No. 132-HĐBT on the classification of urban areas and management levels of urban areas to create a legal basis for the following tasks:

Classifying and categorizing urban areas.

Proposing policies to mobilize various sources of capital and invest in construction for different types of urban areas.

Improving the administrative machinery for urban area management.

Issuing procedures, standards, and planning norms for urban construction.

Classifying and reviewing urban planning projects, etc.

Now, the Joint Ministries provide guidance as follows:

 

I. URBAN AREAS AND FACTORS COMPOSING URBAN AREAS

1. The definition of "Urban residential point" at Point 1, Article 1 is explained as follows:

An urban area is a concentrated population with high density, mainly non-agricultural labor, equipped with appropriate infrastructure, serving as a comprehensive center or specialized center, playing a role in promoting economic and social development nationwide, in a region, province, district, or within a province or district.

- Comprehensive centers: These are urban areas that have multiple roles and functions in politics, economy, culture, society, etc.

- Specialized centers: These are urban areas that primarily have roles and functions in specific fields such as industry, ports, tourism, transportation hubs, etc.

- An urban area that is a comprehensive center of a provincial region may also be a specialized center of a multi-provincial region or the entire country. Therefore, determining whether it is a comprehensive or specialized center must also consider its position within a specific territorial area.

- Urban territory includes: Inner city or inner town (collectively called inner town) and suburbs. Administrative units of the inner town include Districts and Wards, while administrative units of the suburbs include Counties and Communes.

2. Population size.

Point 2, Article 1 stipulates that the minimum population size of an urban area should not be less than 4,000 people. In mountainous regions, the minimum population size of an urban area should not be less than 2,000 people. This size only counts the population within the inner town.

3. Proportion of non-agricultural labor.

Point 3, Article 1 stipulates that the proportion of non-agricultural labor in an urban area should not be less than 60%. This proportion only counts the population within the inner town.

Non-agricultural labor includes:

- Industrial and small-scale industrial labor.

- Basic construction labor.

- Transportation, postal service, credit, and banking labor.

- Commercial and service labor, including tourism.

- Labor in administrative, cultural, educational, health, and scientific research institutions.

- Other labor outside agricultural production.

4. Urban infrastructure.

Urban infrastructure includes technical infrastructure (transportation, communication, water supply, energy supply, drainage, waste treatment, environmental sanitation) and social infrastructure (housing, commercial facilities, public services, catering, accommodation, healthcare, education, training, scientific research, sports, parks, green spaces, and other public service facilities).

This factor reflects the level of development and living convenience of urban residents and is determined based on the following basic indicators:

- Domestic water supply indicator: Liters/person-day.

- Domestic electricity supply indicator: kWh/person.

- Street density: km/km².²and characteristics of the transportation system.

- Average building height ratio.

5. Population density.

Population density is an indicator reflecting the concentration of population in urban areas, determined based on the population size within the inner town and the construction area within the boundaries of the urban area.

Unit of measurement: People/km².².

II. CLASSIFICATION OF URBAN AREAS

1. The classification of urban areas must be based on the following criteria:

- Factors composing urban areas as defined in Articles 1 and 2 of Decision 132-HĐBT.

- Current status investigation and future development forecast of urban areas, mainly within the first five years.

Future development indicators of urban areas are determined based on overall planning schemes that have been reviewed, agreed upon, or approved by competent authorities.

- Economic and social conditions and unique characteristics of each urban area.

2. When classifying urban areas, it is necessary to establish classification criteria and compare them with the specific indicators prescribed in Article 2 of Decision 132-HĐBT.

3. When comparing classifications, note the following points:

a) Determining the role and function of urban areas must be based on the current status of urban areas and the results of studies on the distribution and development of productive forces, regional planning diagrams, or regional economic link diagrams.

If there is insufficient data, it is essential to develop a comprehensive urban development plan that clearly justifies the nature, role, and function of the urban area in both the present and future periods.

b) Determining the population size and proportion of non-agricultural labor in urban areas must be conducted within the inner town limits and must meet the minimum requirements specified in Article 2 of Decision 132-HĐBT.

In mountainous areas, the minimum population size for urban areas of type 3 may be set from 80,000 people, type 4 from 20,000 people, and type 5 from 2,000 people.

c) Key indicators regarding the level of development of technical infrastructure that can be referred to for urban classification are specifically detailed in the annex.

d) For urban areas of types 1, 2, 3, and 4, population density is calculated based on the average population density of districts and wards within the inner town.

For urban areas of type 5, population density is calculated based on the total population of the urban area and the residential land area (excluding agricultural and forestry land).

Population density in mountainous urban areas may be lower, with type 3 being 8,000 people/km², type 4 being 6,000 people/km², and type 5 being 3,000 people/km².²4. When comparing specific indicators of an urban area with the classification indicators prescribed in Article 2 of Decision 132-HĐBT and in this Circular, note the following two cases:

4. When comparing specific indicators of a city with the classification criteria specified in Article 2 of Decision 132-HĐBT and in this guiding Circular, the following two cases shall be noted:

a. In case only some criteria meet the standard as prescribed in Article 2 of Decision 132-HĐBT, the classification of cities may prioritize the following three basic criteria: functional role, population size, and the proportion of non-agricultural labor force of the city.

b. In case the population size and the proportion of non-agricultural labor force are slightly lower than the prescribed criteria, the classification of cities may mainly rely on the functional criteria of the city, but must consider the prospects for the city to have the necessary conditions to reach the remaining low criteria.

5. Function and outer boundary:

a. The function of the suburban area of cities is stipulated in Article 3 of Decision 132-HĐBT.

However, depending on the type of city and the natural characteristics of the adjacent areas, suburban areas do not necessarily have all four functions mentioned.

b. Suburbs are the belt directly affected by the inner city and located within the limits of the outer city.

Specifically, cities of type 5 do not have suburbs.

c. Determining the boundaries of the suburbs must be based on the current status and future development of each city according to the planned forecast and must be carefully prepared by the Organizing Board and Government officials before being submitted to the State for approval.

III. CLASSIFICATION OF CITY MANAGEMENT

1. Administrative classification of city management is specified as follows:

- Central cities directly under the central government equivalent to provincial level must be cities of type 1 or type 2 and mainly managed by the central government.

- Cities under provinces and towns equivalent to district level are mostly cities of type 3 and type 4, with a few possibly being type 5 and managed by the province.

2. Relationship between city classification and administrative classification of city management:

The general principle is to base the administrative classification of cities on the results of city classification. However, there are special cases where some cities are classified at a higher or lower level than prescribed due to reasons such as:

- The special central political role of the city.

- The process of formation and development of cities in our country has gone through many different periods.

- The level of economic and social development and urbanization in different regions leads to differences in the position, role, and nature of cities in relation to each territorial region.

For example, there are cities of type 4 that are still provincial capitals and cities of type 5 that are still towns managed by the province.

3. Establishment of new cities:

The procedure for establishing new cities must be carried out as follows:

a. Prepare an economic and technical argument for the establishment of a new city. In the argument, clearly state:

- The reason for requesting the establishment of a new city.

- Determine the nature, role, and function, population size, proportion of non-agricultural labor force, and population density of the city... mainly corresponding to the first five years of development.

- Compare with the criteria prescribed in Decision 132-HĐBT and propose the establishment of a new city and its classification and administrative level.

b. The People's Committee of the province, city, and special zone shall prepare a report (accompanied by the argument for the establishment of a new city) to submit to the Council of Ministers for approval.

 

IV. IMPLEMENTATION

1. Local People's Committees at all levels need to organize the study and implementation of Decision 132-HĐBT and the circular guiding its implementation by the Ministry of Construction to review the overall planning and suburbs of cities to prepare a report (with specific arguments and data as prescribed in Article 2 of the Decision) requesting recognition of the city type.

2. The Ministry of Construction will coordinate with the People's Committee of the province, city, and special zone, with the participation of the Organizing Board-Civil Service of the Government, to examine and approve the classification of cities in each locality according to Decision 132-HĐBT. Submit to the Council of Ministers for the Decision recognizing cities of type 1 and 2, and the Minister of Construction recognizes types 3 and 4. Specifically for cities of type 5, the People's Committee of the province, city, and special zone will recognize them with reference to the opinions of the Ministry of Construction and the Organizing Board-Civil Service of the Government.

After each five-year plan period, the Ministry of Construction will adjust the classification of cities if requested by localities.

3. Based on the study of Decision 132-HĐBT, the circular guiding the Ministry, and after having the decision on city classification, local People's Committees will cooperate with the Organizing Board and Civil Service of the Government to prepare a report requesting changes in the administrative level of cities when necessary.

4. According to Article 3 of Decision 132-HĐBT, local People's Committees need to cooperate with the Ministry of Construction to establish the planning of suburban areas of cities to determine the administrative boundaries of the suburban areas through the Organizing Board-Civil Service of the Government to submit to the Council of Ministers.

5. During the implementation process, if there are difficulties regarding content and methods, local People's Committees should reflect these issues to the Organizing Board-Civil Service of the Government and the Ministry of Construction for research and resolution.

6. This Circular takes effect from the date of signing, and localities need to immediately carry out the work of classifying cities in 1990 to serve the timely preparation of the urban construction plan for 1991-1995.